HOUSE AMENDED
PRIOR PRINTER'S NOS. 655, 782 PRINTER'S NO. 817
No. 582 Session of 2003
INTRODUCED BY MADIGAN AND THOMPSON, APRIL 15, 2003
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 5, 2003
AN ACT
1 Providing for the capital budget for the fiscal year 2002-2003,
2 itemizing public improvement PUBLIC IMPROVEMENT AND <--
3 REDEVELOPMENT ASSISTANCE projects to be constructed or
4 acquired or assisted by the DEPARTMENT OF GENERAL SERVICES <--
5 AND THE Department of Community and Economic Development,
6 together with their estimated financial costs; authorizing
7 the incurring of debt without the approval of the electors
8 for the purpose of financing the projects to be constructed
9 or acquired or assisted by the DEPARTMENT OF GENERAL SERVICES <--
10 AND THE Department of Community and Economic Development;
11 stating the estimated useful life of the projects; PROVIDING <--
12 AN EXEMPTION; and making an appropriation APPROPRIATIONS. <--
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Short title.
16 This act shall be known and may be cited as the Capital
17 Budget Project Itemization Act for 2002-2003.
18 Section 2. Total authorizations.
19 (A) PUBLIC IMPROVEMENTS.--THE TOTAL AUTHORIZATION FOR THE <--
20 ADDITIONAL CAPITAL PROJECTS IN THE CATEGORY OF PUBLIC
21 IMPROVEMENT PROJECTS ITEMIZED IN SECTION 2.1 AND TO BE ACQUIRED
1 OR CONSTRUCTED BY THE DEPARTMENT OF GENERAL SERVICES, ITS
2 SUCCESSORS OR ASSIGNS AND TO BE FINANCED BY THE INCURRING OF
3 DEBT SHALL BE $6,000,000.
4 (B) REDEVELOPMENT ASSISTANCE.--The total authorization for <--
5 the additional capital projects in the category of public <--
6 improvement REDEVELOPMENT ASSISTANCE projects itemized in <--
7 section 3 and to be acquired or constructed by the Department of
8 Community and Economic Development, its successors or assigns,
9 and to be financed by the incurring of debt, shall be
10 $15,000,000 $25,000,000. <--
11 SECTION 2.1. ITEMIZATION OF PUBLIC IMPROVEMENT PROJECTS. <--
12 ADDITIONAL CAPITAL PROJECTS IN THE CATEGORY OF PUBLIC
13 IMPROVEMENT PROJECTS TO BE CONSTRUCTED OR ACQUIRED BY THE
14 DEPARTMENT OF GENERAL SERVICES, ITS SUCCESSORS OR ASSIGNS AND TO
15 BE FINANCED BY THE INCURRING OF DEBT ARE HEREBY ITEMIZED,
16 TOGETHER WITH THEIR RESPECTIVE ESTIMATED FINANCIAL COSTS, AS
17 FOLLOWS:
18 TOTAL
19 PROJECT
20 PROJECT ALLOCATION
21 (1) DEPARTMENT OF EDUCATION
22 (I) STATE LIBRARY
23 (A) IMPROVEMENTS AND RENOVATIONS TO THE
24 STATE LIBRARY OF PENNSYLVANIA FOR THE
25 RARE BOOKS COLLECTION, INCLUDING
26 NECESSARY STRUCTURAL SUPPORTS,
27 VENTILATION, TEMPERATURE AND HUMIDITY
28 CONTROLS. $6,000,000
29 Section 3. Itemization of redevelopment assistance projects.
30 Additional capital projects in the category of redevelopment
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1 assistance projects for capital grants by the Department of
2 Community and Economic Development, its successors or assigns,
3 authorized under the provisions of the act of May 20, 1949
4 (P.L.1633, No.493), known as the Housing and Redevelopment
5 Assistance Law, and redevelopment assistance capital projects
6 and to be financed by the incurring of debt, are hereby
7 itemized, together with their respective estimated financial
8 costs, as follows:
9 Total
10 Project
11 Project Allocation
12 (1) Department of Community and Economic
13 Development
14 (i) Bradford County-North Towanda Township
15 (A) DuPont Company's Imaging Technologies,
16 for construction and improvements of
17 existing facility. $15,000,000
18 (II) CLEARFIELD COUNTY <--
19 (A) CONSTRUCTION OF ETHANOL PLANT TO USE
20 WASTE COAL 10,000,000
21 Section 4. Debt authorization.
22 (A) PUBLIC IMPROVEMENTS.--THE GOVERNOR, AUDITOR GENERAL AND <--
23 STATE TREASURER ARE HEREBY AUTHORIZED AND DIRECTED TO BORROW
24 FROM TIME TO TIME IN ADDITION TO ANY AUTHORIZATION HERETOFORE OR
25 HEREAFTER ENACTED, ON THE CREDIT OF THE COMMONWEALTH, SUBJECT TO
26 THE LIMITATIONS PROVIDED IN THE CURRENT CAPITAL BUDGET, MONEY
27 NOT EXCEEDING IN THE AGGREGATE THE SUM OF $6,000,000 AS MAY BE
28 FOUND NECESSARY TO CARRY OUT THE ACQUISITION AND CONSTRUCTION OF
29 THE PUBLIC IMPROVEMENT PROJECTS SPECIFICALLY ITEMIZED IN A
30 CAPITAL BUDGET.
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1 (B) REDEVELOPMENT ASSISTANCE.--Subject to the limitation in <--
2 section 317(b) of the act of February 9, 1999 (P.L.1, No.1),
3 known as the Capital Facilities Debt Enabling Act, the Governor,
4 Auditor General and State Treasurer are hereby authorized and
5 directed to borrow from time to time in addition to any
6 authorization heretofore or hereafter enacted, on the credit of
7 the Commonwealth, subject to the limitations provided in the
8 current capital budget, money not exceeding in the aggregate the
9 sum of $15,000,000 $25,000,000 as may be found necessary to <--
10 carry out the redevelopment assistance and the redevelopment
11 assistance capital projects specifically itemized in a capital
12 budget.
13 Section 5. Issue of bonds.
14 The indebtedness authorized in this act shall be incurred,
15 from time to time, and shall be evidenced by one or more series
16 of general obligation bonds of the Commonwealth in such
17 aggregate principal amount for each series as the Governor, the
18 Auditor General and the State Treasurer shall determine, but the
19 latest stated maturity date shall not exceed the estimated
20 useful life of the projects being financed as stated in section
21 6.
22 Section 6. Estimated useful life and term of debt.
23 (a) Estimated useful life.--The General Assembly states that
24 the estimated useful life of the public improvement projects
25 itemized in this act is as follows:
26 (1) Public improvement projects, 30 years.
27 (2) Furniture and equipment projects, 10 years.
28 (3) Transportation assistance projects:
29 (i) Rolling stock, 15 years.
30 (ii) Passenger buses, 12 years.
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1 (iii) Furniture and equipment, 10 years.
2 (iv) All others, 30 years.
3 (b) Term of debt.--The maximum term of the debt authorized
4 to be incurred under this act is 30 years.
5 Section 7. Appropriations.
6 (A) PUBLIC IMPROVEMENTS.--THE NET PROCEEDS OF THE SALE OF <--
7 THE OBLIGATIONS AUTHORIZED IN THIS ACT ARE HEREBY APPROPRIATED
8 FROM THE CAPITAL FACILITIES FUND TO THE DEPARTMENT OF GENERAL
9 SERVICES IN THE MAXIMUM AMOUNT OF $6,000,000 TO BE USED BY IT
10 EXCLUSIVELY TO DEFRAY THE FINANCIAL COST OF THE PUBLIC
11 IMPROVEMENT PROJECTS SPECIFICALLY ITEMIZED IN A CAPITAL BUDGET.
12 AFTER RESERVING OR PAYING THE EXPENSE OF THE SALE OF THE
13 OBLIGATION, THE STATE TREASURER SHALL PAY TO THE DEPARTMENT OF
14 GENERAL SERVICES THE MONEYS AS REQUIRED AND CERTIFIED BY IT TO
15 BE LEGALLY DUE AND PAYABLE.
16 (B) REDEVELOPMENT ASSISTANCE.--The net proceeds of the sale <--
17 of the obligations authorized in this act are hereby
18 appropriated from the Capital Facilities Fund to the Department
19 of Community and Economic Development in the maximum amount of
20 $15,000,000 $25,000,000 to be used by it exclusively to defray <--
21 the financial cost of the redevelopment assistance and
22 redevelopment assistance capital projects specifically itemized
23 in a capital budget. After reserving or paying the expenses of
24 the sale of the obligation, the State Treasurer shall pay to the
25 Department of Community and Economic Development the moneys as
26 required and certified by it to be legally due and payable.
27 Section 8. Federal funds.
28 In addition to those funds appropriated in section 7, all
29 moneys received from the Federal Government for the projects
30 specifically itemized in this act are also hereby appropriated
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1 for those projects.
2 Section 9. Expiration of authorization and appropriation.
3 The authorization and appropriation for the additional
4 capital projects itemized in section SECTIONS 2.1 AND 3 for <--
5 which grant agreements have not been executed within four years
6 of the effective date of this act shall expire upon such date
7 and shall be considered repealed. The Secretary of the Budget
8 may extend an expired project for up to one year upon written
9 notification of the majority chairman and minority chairman of
10 the Appropriations Committee of the Senate and the majority
11 chairman and minority chairman of the Appropriations Committee
12 of the House of Representatives. Upon expiration of the
13 extension period, an extended project may not be subsequently
14 extended.
15 SECTION 10. EXEMPTION FROM CERTAIN PROCUREMENT LIMITATIONS. <--
16 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
17 THE PROJECT ITEMIZED IN SECTION 6(6)(I)(C) OF THE ACT OF OCTOBER
18 30, 2002 (P.L.891, NO.131), KNOWN AS THE CAPITAL BUDGET PROJECT
19 ITEMIZATION ACT OF 2001-2002, IS EXEMPT FROM 62 PA.C.S. CHS. 5
20 (RELATING TO SOURCE SELECTION AND CONTRACT FORMATION), AND 9
21 (RELATING TO PROCUREMENT OF CONSTRUCTION AND DESIGN PROFESSIONAL
22 SERVICES) AND FROM SECTION 404.1 OF THE ACT OF JUNE 1, 1945
23 (P.L.1242, NO.428), KNOWN AS THE STATE HIGHWAY LAW, RELATING TO
24 PREQUALIFICATION OF BIDDERS.
25 Section 10 11. Editorial changes. <--
26 In editing and preparing this act for printing following the
27 final enactment, the Legislative Reference Bureau shall insert
28 or revise letters or numbers for projects where the letters or
29 numbers are missing or require revision. The bureau shall also
30 revise the total monetary amounts for the total authorization,
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1 debt authorization, appropriations and departmental totals as
2 necessary to agree with the total monetary amounts of the
3 projects.
4 Section 11 12. Effective date. <--
5 This act shall take effect immediately.
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